Inspire Conference. Strasbourg (France) September, 2017

Transcription

1 Inspire Conference. Strasbourg (France) September, 2017 Monitoring marine ecosystems. The role of the DIRECTIVE 2004/35/CE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage. A potential criminal liability. Jordi Sandalinas, LL.M, PhDc jordisandalinas@gmail.com

2 I. Monitoring marine ecosystems. How. Facts. Extinction Rate Remote Sensing and Navigational Satellites, Underwater Drones, Aircrafts, ROVs, Buoys, In situ sensors. Random Forest Calculations. Univ New Mexico Study carried in 2011 Extrinsic vs Intrinsic Variables ESRI's ArcGIS v9.3 spatial statistics

3 I. Monitoring marine ecosystems. Facts / Extinction Rate (cont) Predictors of extinction risk. External factors vs marine capacity to rebound for marine species. Unbearable Extinction Rate. Escalating Human impact against marine mammals and marine life in general: Hunting, extermination programs, climate change, spread of diseases and exotic species illegal trade, deforestation, habitat fragmentation, urbanization, desertification, overfishing (depleted fish populations between 50 and 90%), overharvesting, altering food chains and marine mammal migration patterns, less sea ice (decline in seal and polar bear population) Major mass extinction?. Unbearable extinction triggering factors: Abrupt carbon isotope rising patterns / Ocean acidification (ongoing decrease in Earth's oceans ph ( o.1), caused by the uptake of carbon dioxide (CO2) from the atmosphere. If 450 ppm is reached then = point of no return). 30% Increase in Hydrogen estimate deadline.

4 The global concentration of carbon dioxide in the atmosphere the primary driver of recent climate change has reached 400 parts per million (ppm) for the first time in recorded history, according to data from the Mauna Loa Observatory in Hawaii. May 21, 2013 I. Monitoring marine ecosystems. Facts / Extinction Rate (cont) An estimated 30 40% of the carbon dioxide from human activity released into the atmosphere dissolves into oceans, rivers and lakes. Recent estimates have calculated that 26 percent of all the carbon released as CO2 from fossil fuel burning, cement manufacture, and land-use changes over the decade was absorbed by the oceans. (About 28 percent went to plants and roughly 46 percent to the atmosphere.) as in Jul 3, parts per million (ppm) Mauna Loa Observatory, Hawaii (Scripps CO2) Preliminary data released August 4, "parts per million" and it also can be expressed as milligrams per liter (mg/l).

5 I. Monitoring marine ecosystems. Facts. Extinction Rate (cont) International Union for the Conservation of Nature 25% Marine Mammals Risk of Extinction 40% marine mammal species still UNKNOWN due to lack of satellite data Effects of Ocean Acidification on Marine Ecosystems. TROPICAL CORAL REEFS / OPEN OCEAN PLANKTONIC ECOSYSTEMS / COASTAL ECOSYSTEMS / DEEP SEA MARINE LIFE / HIGH LATITUDE ECOSYSTEMS Do phytoplankton absorb co2? Climate and the Carbon Cycle. Functions of Coral Reefs / effect carbon dioxide on krill Source: Drivers and hotspots of extinction risk in marine mammals Ana D. Davidson- et a / Impacts of Climate Change on Marine Organisms and Ecosystems.Andrew S.Brierley et al

6 I. Monitoring marine ecosystems. Facts. Extinction Rate (cont) As in Extinct marine mammals: Steller's sea cow, Caribbean Monk Seal, Japanese Sea Lion, (source IUCN Red List), North Pacific long-finned pilot whale), Sea mink, Neovison macrodon EX As in 2017, earth mammals are vanishing at unprecedented rates: in danger of extinction 1 out of 8 birds, 1 out of 4 mammals, 1 out of 4 conifers, 1 out of 3 amphibians, 6 out of 7 marine turtles.,, the list goes on 75% of genetic diversity of agricultural crops has been lost 75% of the world s fisheries are fully or over exploited Up to 70% of the world s known species risk extinction if the global temperatures rise by more than 3.5 C 1/3rd of reef-building corals around the world are threatened with extinction Over 350 million people suffer from severe water scarcity Source

7 Data deficient... need a deeper study, information poorly known for species, Source: Drivers and hotspots of extinction risk in marine mammals Ana D. Davidson- et a / Impacts of Climate Change on Marine Organisms and Ecosystems.Andrew S.Brierley et al I. Monitoring marine ecosystems. Facts. Extinction Rate (cont) Extinction rate, Humans accelerated extinction by 1000x Human impact needs to be reassessed (re-estimated according to new factors, moral and ethics) with environment values, otherwise the situation will become more and more complicated for marine life to coexist along with human activities.

8 II. The role of the DIRECTIVE 2004/35/CE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage. Polluter pays (Article 1). Marine Scope? (Article 1,2, b) Court proceedings. Fast and reliable? (Article 13,1) Precautionary measures. Seizing assets. Banning activities? The Insurance company role? (Article 14,2) The environment consultant role?

9 III. A potential criminal liability. Issues and Consequences 2004 Environment Directive? No reference (criminal / penal) Against Individuals or Companies Crime against Humanity. International Criminal Court. Governments, individuals and companies could be prosecuted for crimes against humanity by the international criminal court. ICC. OFFICE OF THE PROSECUTOR POLICY PAPER ON CASE SELECTION AND PRIORITISATION Jordi Sandalinas, LL.M, PhDc jordisandalinas@gmail.com

10 III. A potential criminal liability. Issues and Consequences (cont) Fast and global enforceability of judgments Other approaches. Citizens Bringing Proceedings against their own countries to make them comply with laws and regulations. Dutch Ruling ordered The Netherlands to cut carbon emissions by 25% within five years. Educating with values no matter the sector Jordi Sandalinas, LL.M, PhDc jordisandalinas@gmail.com

11 Thank you! Jordi Sandalinas, LL.M, PhDc Inspire Conference. Strasbourg (France) September, 2017